Patna High Court
Md. Sabir Alam @ Sabir Shaukat Khan @ Md. Sabbir Khan @Md. Sabbir Shekh KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted to the petitioners subject to specified conditions.
Summary
The petitioners, Md. Sabir Alam and Md. Jameel Alam, were arrested in September 2025 for allegedly snatching Rs. 40,000 from an informant, charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. They applied for regular bail, claiming innocence and offering to compensate the informant. The State opposed the bail. The Court, after considering the submissions and circumstances, granted regular bail with a bond of Rs. 10,000 each and two sureties, imposing conditions such as monthly police attendance, payment of compensation in installments, and cooperation with the investigation. The order clarified that its observations were prima facie and not a determination on the merits of the case. The bail remains subject to compliance with the stipulated conditions.
Issues considered
- Whether regular bail should be granted to the accused under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the alleged theft and the circumstances of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- Theft
- Compensation
- Bharatiya Nyaya Sanhita
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21689 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- KAJRAILI District- Bhagalpur
======================================================
1. Md. Sabir Alam @ Sabir Shaukat Khan @ Md. Sabbir Khan @Md. Sabbir
Shekh Khan S/o Shaukat Khan @ Md. Shaukat R/o village Shahjangi, P.S. -
Habibpur, .Dist - Bhagalpur.
2. Md. Jameel Alam S/o Md. Mansur Alam R/o village Chhoti Maliya, P.S.
Gogari, Dist. - Khagariya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar Pandey
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 15-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Kajraili P.S. Case No. 90 of 2025 registered for the offence
under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of snatching Rs. 40,000/- from the informant.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have committed no offence as
alleged in the FIR and have falsely been implicated in this case
on mere suspicion. The petitioners are in custody since
15.09.2025. It is further submitted that both the petitioners are
Patna High Court CR. MISC. No.21689 of 2026(3) dt.15-04-2026
2/3
ready to compensate the informant of Rs. 40,000/-.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submissions of the parties, this application for regular
bail is allowed.
7. Let the petitioners, above named, be released on
Provisional bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Kajraili P.S. Case
No. 90 of 2025 subject to conditions that:-
(i). Petitioner No. 1 shall mark his attendance
at Habibpur Police Station and Petitioner
No. 2 shall mark his attendance at Gogari
Police Station on the first and third
Sunday of each month. Any default in
appearance at the respective Police
Station shall result in cancellation of the
petitioners’ bail bonds.
(ii) At the time of furnishing bail bonds, the
petitioners shall produce Demand Drafts
(D.D.) of Rs. 10,000/- each in favour of the
informant before the learned Court below,
which shall be handed over to the
informant by the Court.
(iii) The remaining amount of Rs. 20,000/-
shall be paid to the informant by the
petitioners within a period of two months
from the date of their release on bail, to
Patna High Court CR. MISC. No.21689 of 2026(3) dt.15-04-2026
3/3
the satisfaction of the learned Court below.
(iv) The petitioners shall cooperate with the
investigation/trial and shall not tamper
with evidence or influence witnesses.
(v) After the entire amount is paid to the
informant by the petitioners, the
provisional bail granted to them shall be
confirmed by the Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…